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HomeMy WebLinkAboutC-3960 - 2007-2008 Citywide Slurry Seal ProgramCITY CLERK CITY OF NEWPORT BEACH - NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 27th day of March, 2008, at which time such bids shall be opened and read for 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM Title of Project Contract No. 3960 $ 618,000 Engineer's Estimate fen G. Badum Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project. "A" For further information, call Andy Tran, Project Manager at (949) 644 -3315 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httn://www.pity.newport-beach.ca.us CLICK: e- ontineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 372-7013 C -3 L CAL Contractor's License No. & Classification Bidde Authorized Signaturemtle 3 -w -o$ Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07,08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 BIDDER'S13OND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be Jointly and severely held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Yen Percent of the Total Amount of the Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of 07 -08 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3960 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal falls to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award', otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. Witness our hands this 27th day of March , 2008, Roy Allan Slurry Seal, Inc. Name of Contractor (Principan Western Surety Company Name of Surety 2355 E. Camelback Rd., Suite 500 Phoenix, AZ 85016 Address of Surety (602) 212 -3234 Telephone (Notary acknowledgment or Principal 8, Surety, must be attached) 5 SPECIAL RESOLUTION OF THE SHAREHOLDERS OF ROY ALLAN SLURRY SEAL, INC. This is a special resolution unanimously approved by all of the shareholders holding shares in ROY ALLAN SLURRY SEAL, INC. This resolution was approved at the meeting of shareholders held on February 2, 2008, at 11922 Bloomfield Avenue, Santa Fe Springs, California 90670. ROY ALLAN and GAY D. ALLAN, being the only shareholders of the corporation, were in attendance and unanimously approved the following resolution: WHEREAS it is deemed to be in the best interest of this corporation to provide for continuity of activity and for the convenience of the officers of this corporation, to provide authority so that either the President or the Vice President of this corporation shall have authority to sign documents separately, and thereby bind the corporation. IT IS THEREFORE RESOLVED that either the President or The Vice President of ROY ALLAN SLURRY SEAL, INC., shall hereafter have the authority, when acting Alone, to bind this corporation to the terms of any document To which the President or Vice President shall affix his Signature. The individuals presently acting in the capacity of President and Vice President of this corporation are ROY ALLAN and LAWRENCE ALLAN, respectively. It is respectfully requested by the shareholders of this corporation, that any part with whom this corporation has dealings, will recognize this resolution and accept the signature of either the President or the Vice President of this corporation, acting alone, on any document intended to bind this corporation legally. By their signatures hereto, the shareholders of this corporation hereby waive notice of the above - described meeting and consent to the resolution set forth above. Dated: February 2, 2008 R C'L Lk � Roy Allan, arehoider Gay . Allan, Shareholder ACKNOWLEDGMENT State of California County of Orange ) On March 27, 2008 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Lourdes Landa who proved to me on the basis of satisfactory evidence to be the person(a- whose nameWlis /are subscribed to the within instrument and acknowledged to me thaSbe/sheahey executed the same in ysftler /t,4eeauthorized capacityliesl, and that by bWher /93eirsignatur%(0rDn the instrument the persoa(ej" or the entity upon behalf of which the person.( "cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - SUSAN PONSELL COMM. #1734814 z • NOTARY PUBLIC - CALIFORMAK_ ORANGE COUNTY My Comm. ExV"a March 27, 2011 (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Slate of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J W Johnson, Lourdes Landa, Individually of Fullerton, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby contented to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seat to be hereto affixed on this 4th day of April, 2007- ®r, WESTERN SURETY COMPANY ��✓C _ ��fyY Paul 4rBrufiA Senior Vice President State of South Dakota ss County of Minnehaha On this 4th day of April, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires �M1M1M1M1M1M1M1M1 \hM14M1M1M1M1M1M1M1\ \4 + D. KRELL November 30,2012 * PUBLIC/O., EnL SOUTH DAKOTA + �M1M1M1M1 \M14M1M144444M14M1M1M1M1M1M1M1� D. Kre , Coll N ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is sti ll iry force_ �Iq testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of slA7�� � ' A , " WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4290 -09.06 a. ' . Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. �. i Ti. SF�pNN�� 'Ll{ ACKNOWLEDGMENT State of California County of uoy1mP ) On A 1 before me, AnN, VY4' , PA`( (insert name and itl` le of the personally appeared 1-"1X 'AV1 LLC P-11 lay I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe /they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANN•MARIE ALLAN Comm.# 1755275 RUARYFUBUC•CAUFUR1UA N URARGE COUNTY MY comm, Era. Jay 9, Nil Signature Ql S . �L>�{Seal) Best's Rating Center - Company Information for Western Surety Company Rating canter Rating view Ratings. Eiaaocial Strength Issuef5redll Securities Advanced SpatcD Methoddogy_ COrY1Li erl P.rl�ljrst industry Research i Ratirgs Definitions k Effective Date: December 18, 2007 Western Surety Company Search Rest's Retinge (erxmhermf,NAI,uV ! q;, WTpnmil Press Releases A.M.Sawlt:.... NAICM: 1".. FEIN.: Ip$.... S=kTCW Now YixM1aYxkEttter,euY$Eig9 Ralsted Products ► Address: P.O. Box 5077 Phone: 605-336-0850 Sioux Fails, SD 57117-5077 Fax: 605330 -7416 Indratry 8 RNulwl Web: www.cnam.mty&Qat Couti Risk I Best's Ratings Structured FWlance Financial Strength Ratings View Definitions tteY✓ R~ Affiliation A (Excellent) Affiliation Code: g (Group) COrY1Li erl P.rl�ljrst Financial Size Category: M 1$250 Million to $500 Million) Outlook: Stable Action: Affirmed Effective Date: December 18, 2007 * Denotes Under Review Best's Rag7gs Page 1 of 1 other web Centers r 1NaralriooaFTSerotomp . n,y wino.e vRr o�Op�nan, an 04.albin peiLrybmsal uan , �voi,a owselwm m xrmynaie.m Issuer Credit Ratings View Definitions Long -Term: a Outlook: Stable Action: Affirmed Date: December 18, 2007 Reports and News Visit our kl wsROOm for fine latest news and press releases for mis company and its A.M. Best Group. AND Credit Repo?- Insurance Pro /essienal Vnabntl qd) (formerly known as Best's Company Report) - includes Beef Fim lj( rationale along with comprehensive analytical commentary, detailed business overview and key financial data. 1, Report Revision Date: ovowoolt (represents the latest significant change). Historical Reports are available In AMD Credit Report - Insurance Professlgl I N b'tl tl) Archive. Bears Executive Summary Report (Finamial Overview) - available in three versions. these presentation style reports feature balance s �s key financial performance tests Including profitability, liquidity and reserve analysis. r' Dala Status: 2008 Bears Statement File - PIC, US. Contains data compiled as of 41moo8 (A5 Received) a Single Comparry -five years of financial data specifically on this company. P Comparison - side- byaide financial analysis of this company with a peer group of up to five other companies you s elect. M Comm" ile - evaluate mis companes financmis against a peer group composite. Report displays both the average and total composne, group. .` A Credit Report - Business Professional - providesthree years of key material data presented wbh colorful dmns and tables. Each re meet Bests Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 4/2/2008 (AS Received). Best's Key_Rathg Guk1e Praatutip tae Repon -includes Best's Financial Strength Foiling and financial data as crowded in Best's Key Ra t Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Bests Property/casualty Center- Premium Data & Repans Best's -Kay Rating Guide - PIC, US & Canada Best's Statement File - PIC, US Bests Statement File -- G)opal Basta M3yr Re - PIC US & Canada Bears State Line - PIC, US Bears Insurance Expense Exhipq (IE,F) - PIC. US Best's Regulatory Center Markel Share Reporis Bears Schedule Pii Reserves) -PIC. US ._......_._ .. -..- ...... .___. .............._...._. Customer Service I Product upport I Member Cents r I G4 In I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I legal & Licensing Copyn91402088 A.M. Bast Cmnpalry, me AB dghis reserved. A M. Best Worldw1tle Headquarters. Ambest Road. Decal New,lersey, 08858, U.S.A. http: / /www3.am best. com /ratings /Full Profile. a sp? B I =0 &AM BN um= 974&AItS rc =1... 04/02/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Number Description of Work %of Total Bid g- tt 11�1�1\�� ��1. Name: L`TpY N \cl� tiTi r rC V A R 04f Address: %d b486 Y %k rlWW', CJ_- Phone: Cmm11 CgwIS-Or7S I 70 State License Number _73 t^ f Name: kwbat , UA CMAA''Rk% w Address: P4Vbo.'1&� t Cam' FL ter, CN. q2-6 Phone�2tgt gq _, 'Iqq State License llNumbeer: 7 Name: Address: Phone: State License Number. Bidd r Authorized SignaturelTtle LEI CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3860 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. *1�4 FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 Project Name/Number. 200 7 � k 6cm 4— Project Description Approximate Construction tDates: From 10 ( b1 TO Sri U 2 Agency Name C_I�111 �OwC. Contact Person n Telephone (Yri-) 66Y— 9900 Original Contract Amount $ l U�61 yZ Ori Final g �_ Final Contract Amount $ J, 061. a70' O If final amount is different from original, please explain (change orders, extra work, etc.) --I. F-' L-ILj A3 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. A No. 2 Project Name /Number Project Description ,Lc 1 a- t Approximate Construction Dates: From � 4 U4 U Agency Name To: pod 07 7 Contact Person T]jOn, 6{A(A a (. L. Telephone Original Contract Amount $1 SJ q� 90q Final Contract Amount $ f 646 • U a If final amount i� different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. ,lam No. 3 Project Name /Number Project Description . Approximate Construction Dates: From Agency Name C f +,A a P- C9- 07 To: or-+ 02 r Contact Person S C An u 1 +Z Telephone &)J) Original Contract Amount $S�j��0,Fi al Contract Amount $ 7 j 0 f) If final amount is different from original, please explain (change orders, extra work, etc.) �.at dl CtM �r.l� Did you file any claims against the Agency? Did the Agency file any claims against Arou/Contractor? If yes, briefly explain and indicate outcome of claims. No.4 C r Project Name /Number Project Description Approximate Construction Dates: From vt To: ;Thri e D) ^;A ^ A .. n Agency Name Contact Person & Telephone (S(Z) &2Q — 1%16 3 Original Contract Amount $F al Contract Amount $ (izyt%r�i- ov If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against,you /Contractor? If yes, briefly explain and indicate outcome of claims No. 5 Project Name /Number Project Description Approximate Construc Agency Name a J Contact Person frC✓(n d d �� Z Telephone &L4 -733 — 03 16 .OD Original Contract Amount $Iql !- Final Contract Amount $ ?5 Z" U o If final amount is different from original, please orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 6 Project Name(Number Project Description 2"—,0? S1W HE 441 jh„�►. Approximate Construction Dates: From Agency Name 4•C. Contact Person 'f A 4 ` .-- ? ae Telephone l" I` t yZf — Zf 00 Z�Id1 0 Original Contract Amount $ 1_ S Final Contract Amount $ 360, q q 6' o V If final mount i$ different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidd r Authorized Signature/Title 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of O 1 ) beingg first duly sworn, deposes and says that he or she is t1ZZ2 W ¢s k— of (� the party making the foregoing bid; that the bid is not made in the interesl of, or on behalf of, any OndiscIosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidde Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of 2008 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] . 11 See,�cil Notary Public My Commission Expires: State of California County of Subscribed and sworn to (or affirmed) before me on this s61," day of NWC%j 20Efi by Ui)f.P W A CL0- , proved to me on the basis of satisfactory evidence to be the person(p) who appeared before me. W ANN•MARIE ALLAN N Co M.4 1755275 'n NOTARY FUSUC-CAUFORNIA N ORANGE COUNTY MY COON. EV. JULY 3, 2011 "N (Seal) Signature OL4.t L��( CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 DESIGNATION OF SURETIES Bidders nam Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): �J C�tso_ni d 'k G. S- fie. loo SoK� 1�10N .57117 517 i e,��►�, Ca•, Ru3J (6f,4 Bq -0llyo0 )000 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Record Last Five (5) Full Years Current Year of Record _P4? r 7 AW O The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. W, Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts Z Cl -? VL Total dollar Amount of Contracts (in �sse X /qz? 61233 S 89 b ? Thousands of $ o1 floYf No. of fatalities O 0 O 0 0 No. of lost Workday Cases D } 0 (' No. of lost workday cases involving D permanent transfer to 0 C O another job or termination of employment _P4? r 7 AW O The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. W, Legal Business Name of Bidder h Business Address: I Ki IL 2- Business Tel. No.: (<fp� I?W4- 33 63 N State Contractor's License No. and Classification: C —)2 Title U;c _ The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 2 If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 ACKNOWLEDGMENT State of California County of MIVI P. ) On 1 "IAYI Y 1 �J�7 before me, !'t1 n- IV yank �-Y�1c I (insert name and title of the officer) personalty appeared Law(QYile Man 4 N -a(q Tv M c. , who proved to me on the basis of satisfactory evidence to be the person*whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he /sheHhey executed the same in his /heNipair authorized capacity(laq, and that by his /heN4hair signature(Won the instrument the person(%'), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANN -MA IRE ALLAN N Corns.A 1755215 &SUP NOA ORAXOEI COUX11' ANIA N h�� Mr Co". E P JVtr 0, 2 Signature Jl 1. l� 1101k (seal) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 ACKNOWLEDGEMENT OF ADDENDA Bidders name 2101 01 V, �A' - The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 Page: 1 of 1 ` CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO, 60 DATE: 3 -to - O �3 BY: Deputy Public Works Director /City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. A. COVER 1. Delete "...until 10:00 a.m. on the 27w day of March, 2008..." and add "...10:00 a.m. on the 15t day of April, 2008... ". 2. Delete "A" contractor's license classification required for this project and add "A" or "C- 12". B. SPECIAL PROVISIONS 1. Section 7 -15: Delete "... General "A" Engineering Contractor's License ..." and add "... General "A" or "C -12" Engineering Contractor's License ... ". Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. �t�l SUtA Bidder's Name (Please My Authorized Signature & Title f:luserslpbwlsharedlcontractsVy 07- 08107 -08 citywide slurry seal c- 39601addendum no t.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: i'ek &L'. Business Telephon California State Contractor's License No. and Class:sgii2-2 q g C -1'L (REQUIRED AT TIME OF AWARD) Original Date Issued:4 Expiration Date: q^ 0-01 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone MR lxmb�g. Corporation organized under the laws of the State of (?A1 !n1(A�_ M %V0 Z The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: ) Y--Q- For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; � " ever had a contract terminated by the owner /agency? If so, explain. HaRvee you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for later, compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes k( o Are any claims or actions unresolved or outstanding? Yes /0 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. lip i r 51h. On before me, personally appeared a&4 _M�t�V� (Print name of Owner or President of Corporation /Company) Au orized Signature/Title Title S -30 _0A Date Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. See 0 % V� (SEAL) Notary Public in and for said State My Commission Expires: 18 ",I ACKNOWLEDGMENT State of California County of IYjaIRP ) On IUIUY61 before me, Affl— 1" N jP 4\1w) Y-1 u)li C (insert name and title of the officer) T— personally appeared L [ _ 1 G ) f P 4 C V U 1 1 1 IUV I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istam subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in hisAaerftheir authorized capacity4et), and that by his /her heir signatures) on the instrument the person(p), or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i ANN-MARIE ALLAN Comm.# 1755275 WARY a m COURn'r�m" °R N (� Mr Caw. Eu. MY t 3011 Signature l IL 1Y � k e , l)C��Y� (Seal) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 1E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 CONTRACT THIS AGREEMENT, entered into thi day of ftl , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Roy Allan Slurry Seal, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 07 -08 CITYWIDE SLURRY SEAL PROGRAM "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) placing emulsion aggregate slurry seal, (5) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place." WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS following documents: Notic e Bond, Non - Collusion Affidavit Bond, Permits, General Cond Plans and Special Provisions Works Construction (current and all modifications and a The Contract Documents co subject matter therein. Any The complete Contract for the Project includes all of the Inviting Bids, Instructions to Bidders, Proposal, Bidder's Faithful Performance Bond, Labor and Materials Payment itions, Standard Special Provisions and Standard Drawings, for Contract No. 3960, Standard Specifications for Public adopted edition and all supplements) and this Agreement, mendments thereto (collectively the "Contract Documents "). mprise the sole agreement between the parties as to the representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. P01 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Eighty-Six Thousand, Nine Hundred Twelve and 001100 Dollars ($286,912.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Andy Tran (949) 644 -3315 Roy Allan Slurry Seal, Inc. 11922 Bloomfield Ave. Santa Fe Springs, CA 90670 (562) 864 -3363 (562) 864 -6612 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies. of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non- Comoliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of.any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CI A B} APP VED AS TO FORM: ROY ALLA N SLURRY SEAL, INC By: AARON C. HARP (Corporate Officer) Assistant City Attorney Title: t - Print Name: By: (Financial Officer) Title: V iru- S- A cuR / Print Name: i 25 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 27, 2008 before me, M Locey, Notary Public, personally appeared Lawrence Allan, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. LOCEY WITNESS my hand and official seal. t��Puw� #1611564 � Orange county ,6MYCOMM. Expket Oct 7, (SEAL) Notary Public in and for said St OPTIONAL INFORMATION Title or Type of Document: 2007 -2008 Citywide Slurry Seal Program Contract No. 3974 ACKNOWLEDGMENT State of California County of Orange ) On LA-7i-4,1 v fs before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) WaFe subscribed to the within instrument and acknowledged to me that he/sheAthey executed the same in hisAhedtheiF authorized capacity(ies), and that by hisAherAtheiF signature(s) on the instrument the person(e), or the entity upon behalf of which the person(G) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal."' ANN•MARIE ALLAN N COMIA.i: ttAUFOR xoCo; Pueuc765275 u U) CWM M'r � Eu. jm 3.2011 Signature (JlA.e.1 f O � G-kk men (Seal) Premium: Included in Perforn c* Bond Premium Executed in Pour (9) Countemarta CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07-08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO, 3860 BOND NO, 58651102 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Roy Allan Slurry Seal, Inc„ hereinafter designated as the "Principal," a contract for construction of 07 -08 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3960 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3960 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty -Six Thousand, Nine Hundred Twelve and 00/100 Dollars ($286,912.00) lawful money of the United States of America, said sum being equal to 100° of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work Contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. K The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th dayof Apr' 1 , 2008. i, Roy Alton Slurry Seal, Inc. (Principal) Authorized S' n ure/Title� � 1 Western Surety Company (/ Name of Surety Authorized Agent Signature 2355 E. Camelback Rd., #500 Phoenix, AZ 85016 Address of Surety (602) 212 -3234 Telephone Lourdes Landa, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 27, 2008 before me, M Locey, Notary Public, personally appeared Lawrence Allan, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. LOCEY 16115" WITNESS WITNESS m hand d official seal. FlotorvPubllc•CaEfornia my an orange County trty Comm. Expires Oct 7, /vm 40�� (SEAL) Notary Public in and for said St - OPTIONAL INFORMATION Title or Type of Document: 2007 -2008 Citywide Slurry Seal Program Contract No. 3974 ACKNOWLEDGMENT State of California County of Orange ) On ' V uFj before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) islare subscribed to the within instrument and acknowledged to me that helshehhey executed the same in histher4heir authorized capacity(ies), and that by his(hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANN -MARIE ALLAN CoMM. # 1155275 G NOTARY PUBLIC- CALIFORNIA g \ �J Ali COW E%P -; 3.2011 Si nature 1 f. 1 , t, fp t t , C (Seal) ACKNOWLEDGMENT State of California County of Orange ) On April 28, 2008 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Lourdes Landa who proved to me on the basis of satisfactory evidence to be the persog(emhose name(sis /a+6 subscribed to the within instrument and acknowledged to me thatbe/SFie /thej`&xecuted the same in der /ttstra—uthorized capacitygowy'and that bybWher /theirsignature�Wbn the instrument the person-�Wor the entity upon behalf of which the person(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature a4° " SUSAN PONSELL COMM. #1734814 = NOTARY PUBuc - CALWORNIAE. ORANGE COUNTY Comm. Ezppas March 2712011 (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J W Johnson, Lourdes Landa, Individually of Fullerton, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confined. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents in be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 4th day of April, 2007. s *o WESTERN SURETY COMPANY p��pvog4j°s oMr °F Paul . Bruflat, Senior Vice President State of South Dakota 1 County of Minnehaha 3 ss On this 4th day of April, 2007, before me personally came Paul T. Brufiat, to me known, who, being by me duly swom, did depose and say., that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires F••ti•••• +\ +•• + \ \ \...,.,\ \rrV I(RSOUTH D. KRELL November 30, 2012 O PUBLIC! / �} DAKOTA `/+ !/„(�� )a D. Krell, Nolliry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof its still in force. In testimony whereof I have hereunto subscribed AIIXI my name and affixed the seal of the said corporation this day of PW F% 4 8 20 , WESTERN SURETY COMPANY »;rF YII M L. Nelson, Assistant Secretary Form F428049-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Executed in Four (4) Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07 -08 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 BOND NO. 58651102 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,286.00 being at the rate of $ 9.40 / First $100,000 thousand of the Contract price. $7.20 / Next $400,000 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Roy Allan Slurry Seal, Inc., hereinafter designated as the "Principal% a contract for construction of 07 -08 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3960 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3960 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty-Six Thousand, Nine Hundred Twelve and 00/100 Dollars ($286,972.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified In this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 28th day of Apr i], 2008, �r- Roy Allan Slurry Sea[, Inc. (Principal) Western Surety Company Name of Surety 2355 E. Camelback Rd., #500 Phoenix, AZ 85016 Address of Surety (602) 212 -3234 Telephone QV'P-S� Authorized Aggint Signature Lourdes Landa, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 27, 2008 before me, M Locey, Notary Public, personally appeared Lawrence Allan, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L' (/L (SEAL) Notary Public in and for said State OPTIONAL INFORMATION M. LOCEY . e ��' ®r, Title or Type of Document: 2007 -2008 Citywide Slurry Seal Program Contract No. 3974 ACKNOWLEDGMENT State of California County of Oranae ) On y 2--c- t`'b before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personalty appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) isfare subscribed to the within instrument and acknowledged to me that helsbeAhey executed the same in his1her-/teiF authorized capacity(ies), and that by hisoher t stir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(6) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANN -MARIE ALLAN : �L COMM.# 1155275 ryPN� NOTARYm.# 1 CALff75 y OWGE com (� / , MY Court. EXP. JULY 3, Signature ��-L , (y,2 �r� aLJ -' (Seal) ACKNOWLEDGMENT State of California County of Orange ) On April 28, 2008 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Lourdes Landa who proved to me on the basis of satisfactory evidence to be the person(a)rwhose name(srislar8 subscribed to the within instrument and acknowledged to me thal.Wshell" executed the same in Puffier /ter authorized capacityDes)'; and that by)Oaer /tWir-signature(e) -on the instrument the persons or the entity upon behalf of which the persory(sj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. SUSAN PONSEL4 Y COMM. #1734814 � Z ' NOTARY PUBLIC - CALIFORNIA''+. ORANGE COUNTY My Comm. Expires March 27, 2011 Signature (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J W Johnson, Lourdes Landa, Individually of Fullerton, CA, its true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Bylaw printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 4th day of April, 2007. �S,haErF WESTERN SURETY COMPANY Y' L Paul . Bmflat, Senior Vice President State of South Dakota 1 ss I County of Minnehaha On this 41h day of April, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above immument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + i D. KRELL '+ November 30, 2DI2 SOUTH DAKOTA + 'rr JNOTAB DAKOTA SEAL i Ila D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse h sj i fo%�,��y`��h testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this day of " '`� , ^ WESTERN SURETY COMPANY r L. Nelson, Assistant Secretary Form F4280.09.06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Company Profile Pagel of 2 Company Profile WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD 57117 -5077 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate_the Agent for Service of Process ?. Reference Information NAIC #: 13188 NAIC Group #: 0218 California Company ID #: 0761 -7 Date authorized in California: July 29, 1930 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: SOUTH DAKOTA Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY Mcill Company Complaint Information Company., Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http: // interactive. web .insurance.ca.gov /webuser /idb_co prof utl.get co__prot?p EID =2977 05/16/2008 Company Profile Want More? Help Me Find.a Company Representative in.My Area Financial Rating Organizations Last Revised - May 07, 2008 02:35 PM Copyright © California Department of Insurance Page 2 of 2 bttp:H interactive. web .insurance.ca.gov /webuser /idb co . prof.utl.get co prof?p EID =2977 05/16/2008 ACQRQ CERTIFICATE OF LIABILITY INSURANCE o61DI118 "' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UnionBanc Insurance Svcs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Langsdorf Drive #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 34009 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fullerton, CA 92834.9409 INSURERS AFFORDING COVERAGE ALLAN SLURRY SEAL INC INSURER A Travelers Property Casualty Co of Am ROY ROY Y Bloomfield Avenue . INSURER B: Travelers Indemnity Company of CT Santa Fe Springs, CA 90670 INSURER C. —.— i INSURER D: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICYNUMBER DALTE OJIMOOMI, ATE MNADNY1 LIMITS A GENERAL LIABILITY OTECO763X4355TIL07 07101/07 07/01108 EACHOCCURRENCE _$1000,000 COMMERCiALGENERrA-I•L1IM&IY iFIREDAMAGE(A_nya"fi-) S300.000 _ CLAIMSMADE L� OCCUR _ 55,000 X PD Ded:2.500 PERSONRL 8 ADV INJURY S1 DGO 00Q _ GENERAL AGGREGATE 52 OOO 000 GENT. AGGREGATE LIMRAPPLIES PER: PRODUCTS -COSWIOPAGG S2,000,ODD POLICY PRo- LOO _ _ A AUTOMOBILEUas1uTY DT810763X4355TILD7 07101/07 07/01/08 CCMBINEDSINGLELIMIT X ANY AUTO (Ea wddmt) x1,000,000 ALLOWNEDAUTOS BODILY INJURY S SCHEDULED AUTOS lP &paean} X HIREDAVT0.5 BODILY INJURY $ X NONON(NED AUTOS I (Per accmem) PROPERTY DAMAGE S (Pere lftnt) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EAACC OTHER THAN __. .. ANY AUTO S ..... ... ___ AUTOONLY: A(A• x A EXCESS LIABILITY DTSMCUP36SKSOSSTIL 07/01107 07101106 EACH OCCURRENCE s400,000 ''`j X OCCUR CLAIMS MADE I _ AGGREGATE $4.000.000 DEDUCTIBLE I $ S X RETENTION $10.000 I B WORKERSCOMPENSATIONAND DTEUB45411-04007 07101)07 07/01/08 X anl' °TN `— RY LIM T EMPLOYERS' LIABILITY E.L. EACH ACCIDENT. $1,ODDU000 „ .__�I. E L DISEASE • EAEMPLOYEEI $1,000,000 E.L. DISEASE - POLICY LIMIT' $1,000,000 OTHER DESCRIPTION OF OPERATIONSn OC,LTION EMCLESIEXCLUSION$ ADDED BY ENDORSEMENTISPECIAL PROVISIONS `1 D Day notice of cancellation for non- payment of premium. Certificate Holder is named as additional insured per attached CGD247D805. Primary wording applies per attached CGOOD11OD1. Workers Compensation Waiver of Subrogation In favor of certificate holder is . Included per attached WC040306(Dt). (See Attached DescriptionSI City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ACORD ZrS 17!97) 7 a.P2 acee1117AA/A.1een7A7 DATETHEREOF, TNEISBUING INSURER WILL ENDEAVOR TOMAILT30_DAYSWRITTEN NOTICETOTHE CER MATE HOLDERNAMEDTOTNE LEFT, BUTFNLVRE TODOSOSHALL IMPOSE NO OBLIGATION OR LIAR ILITY MANY POND UPON THE UISURERJTS AGENTS OR R %FAR O IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certif icate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACOR025- S(7197)2 of 3 #S440768/M440767 DESCRIPTIONS (Continued from Page 1) RE: Citywide Slurry Seal Program. Certificate Holder is amended to include The City of Newport Beach, its officers, agents, officials, employees, and CG D2 47 08 05 Page 1 of 2 0763X4355TILD7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This andorsemant modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): AS PER CERTIFICATE OF INSURANCE ATTACHED PROJECTILOCATION OF COVERED OPERATIONS: AS PER CERTIFICATE OF INSURANCE ATTACHED. 1. WHO IS AN INSURED — (Section II) is amended to Include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury', "property damage" or "personal injury": and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor M the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not quality as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of thls Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring Insurance" for that additional Insured, the insurance provided to the additional insured shall be limited to the limits of liability required W that "written contract requiring insurance ". This endorsement shall not increase the limits of insurance described In Section III — Limits Of Insurance. b) The insurance provided to the additional Insured does not apply to "bodily Injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and II. Supervisory, inspection, archtecturel or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage` caused by "your work" and included in the "products-completed operations hazard" unless a "written convect requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the Insurance provided to the additional Insured applies only to such "bodily injury" or "property damage" that occurs before the and of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the and of the policy period, whichever is CG D2 47 08 05 Page 2 of 2 earlier. 3. The insurance provided to the additional Insured try this endorsement Is excess over any valid and collectible "other Insurance", whether primary, excess, contingent or on any other basis, that is available to the additional Insured for a loss we cover under this endorsement However, if a ' written contract rec ulring Insurance" for that additional insured specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "Other Insurance" available to the additional insured which covers that person or organization as a named insured for such lass, and we will not share with that "other Insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other Insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional Insured under such "other Insurance ". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence` or an offense which may resull in a claim. To the extent possible, such notice should include: L How, when and where the "occurrence" or offense took place; ti. The names and addresses of any Injured persons and witnesses; and Ill. The nature and location of any injury ordemage arising out of the "occurrence" or offense. b) If a claim Is made or "suit" is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or'suit" and the date received; and 11. Notify us as soon as practicable. The additional insured must we to it that we reoelve written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received In connection with the claim or "suit, cooperate with us in the irwesfigat on or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit' to any provider of 'other Insurance" which would cover the additional Insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 3. The following definition is added to SECTION V. —DEFINITIONS! "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insetted on this Coverage Part, provided That the "bodily Injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contractor agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG 02 47 08 05 or organization which ma y be liable to tie Insured because of injury or damage do which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or Incur any expense. other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an In- sured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle- ment means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. s4. Other insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance is primary except when b. be- low applies. If this insurance is primary, our obligations are not affected unless any of the oM other insurance is also primary. Then, we will ant share with all that other insurance by the method described in c. below. _ b. Excess Insurance This insurance is excess over. (1) Any of the other insurance, whether pri- 0. mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (b) That is Fire insurance for premises ° rented to you or temporarily occupied by you with permission of the owner; COMMERCIAL GENERAL LIABILITY (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner, or (d) If the loss arises out of the mainte- nance or use of aircraft, "autos' or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Dam- age Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi- tional insured by attachment of an en- dorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suk" if any other in- surer has a duty to defend the Insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other in- surers. When this Insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of (1) The total amount that all such other in- surance would pay for the loss in the ab- sence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of this Coverage Part. c, Method Of Sharing If all of the other insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contrib- CG 00 0110 01 O ISO Properties Inc., 2000 0=7 Pagel 1 of 10 COMMERCIAL GENERAL LIABILITY ute by limits. Under this method, each in- surer's share is based on the ratio of its appli- cable limit of insurance to the total applicable limits of insurance of all insurers. S. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will com- pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective preml- urns is the date shown as the due date on the bill. if the sum of the advance and audit pre - miums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named insured must keep records of the information we need for premium compu- tation, and send us copies at such times as we may request. S. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon represen- tations you made to us; and c. We have issued this policy in reliance upon your representations. T. Separation Of insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "sub" Is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew is we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi. ration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V— DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means or communication; and b. Regarding web -sites, only that part of a web- site that is about your goods, products or ser- vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means a land motor vehicle, trailer or semitralier designed for travel on public roads, in- eluding any attached machinery or equipment. . But "auto" does not include "mobile equipment". 3. 'Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at anytime. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only ft the injury or damage occurs in the course of travel or trarsportalion between any places included In a. above; or c. Ali other parts of the world if the injury or . damage arises out of: (1) Goods or products made or soli by you In the territory described in a. above; (2) The activities of a person whose home is In the territory described in a. above, but Is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communica- tion Page 12 of 16 0 ISO Properties Inc., 2000 CG 00 0110 01 TravelmPropertyCasualty I � A d7MwleriGwwp WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 63 06 (01) — POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION The City of Newport Beach, its officers, agents, officials, employees, and volunteers DATE OF ISSUE: - - ST ASSIGN: JOB DESCRIPTION Citywide Slurry Seal Program Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: May 8, 2008 Dept. /Contact Received From: Shari Rooks Date Completed: May 8, 2008 Sent to: Shari Rooks By: Tara Hemmingsen Company /Person required to have certificate: Roy Allan Slurry Seal Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A: VII or greater): A +:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? X Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $2 Mil agg / $1 Mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must X Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The X Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes X No insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A: VII or greater) A +:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? $1 Mil M Yes ❑ No E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its M Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A: VII or greater): A +: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? 1/ ■ California Business Search i DISCLAIMER: The information displayed here is current as of MAR 28, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation ROY ALLAN SLURRY SEAL, INC. Number: C0877116 Date Filed: 11/3/1978 Status: active Jurisdiction: California Address 11922 BLOOMFIELD AVE SANTA FE SPRINGS, CA 90670 Agent for Service of Process W R ALLAN 11922 BLOOMFIELD AVE SANTA FE SPRINGS, CA 90670 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 hftp: / /kepler. ss.ca.g ov /corpdata /S howAi l List ?QueryCorpN umbe r= C0877116 &pri... 04/0212008 Check A License: Contractor's License Detail Page 1 of 2 Skip to: CSf B Home I Content I Footer I Accessibility arcs e*4GOV CONTRACTORS JASTATE LICENSE BOARD Il� 4{�tt�dl;ttttilktE�ilill'A�II Ilii Iy '} lkt {1' �Illllll�lfll CSLB Newsroom information taken from the Board and Committee DISCLAIMER: A license status check provides CSLB license database. Before relying on this information, you should be awa Meetings Disaster Information the following limitations. Center • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and /or legal action information. Questions • per B &P 7 71.17, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr Due to workload, there may be relevant information that has not yet been entered onto It • Check A License or HIS • Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 372798 Extract Date: 04 /02/2( • Check Application Status Business ROY ALLAN SLURRY SEAL INC • Search for a Surety Bond Information: 11922 BLOOMFIELD AVENUE Insurance Company SANTA FE SPRINGS, CA 90670 • Search for a Workers' Business Phone Number: (562) 864 -3363 Compensation Company Entity: Corporation How to Participate Issue Date: 04/25/1979 Expire Date: 04/3012009 License Status: This license is current and active. All information below should B reviewed. .. Classifications: CLASS DESCRIPTION C12 EARTHWORK AND PAVING C32 PARKING AND HIGHWAY IMPROVEMENT D43 SOIL GROUTING, SLURRY TRENCH CUT -OFF WAt SOIL STABILIZATION Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 58635465 in the amoi $12,500 with the bonding company WESTERN SURETY COMPANY. Effective Date: 01/0112007 Contractor's Bonding History , ..._ BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) WILLIAM ROYAL http: / /www2.csib.ca.gov /General -I nformation/ interactive - tools /check -a- license /Li... 04/02/2008 Check A License: Contractor's License Detail Page 2 of 2 certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual not required. Effective Date: 01 /0111 98 0 . .............. Workers' This license has workers compensation insurance with the Compensation: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number: DTSMCUP365K6058TIL Effective Date: 07101/2007 Expire Date: 07/01/2008 Workers' Compensation History .. .. .... . ...... ....... .... . ....... . .... ........ . Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I journeymen I Puonc WorKS I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright @ 2007 State of California hftp://www2.cslb.ca.gov/General-Information/interactive-tools/check-a-license/Li... 04/02/2008 MasterID - Microsoft Internet Explorer =jOJ x File Edit View Favontes Tools Help =' U Back i - Search Favorites e.1 i A Address e]h / / /www.citynet.newport- beach . ca.us /mastedd /main- ftame.asp Reports a CGo Links " t -i ;;t3c ice•,. Phone #: Name Address: -7t r1D F- stwry F I MW ------ - - - - -- Query returned no results - PLEAS. TL( AGAIN records d.Btart gMicrosoft... ;]Microsoft... � %Inbox - ... PERMIT... HOA Ustin, Studio 6 from Plan.. 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3960 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization '�.�rm.'�OtPStvwgf. � @F�ehtnndVte� �;i1Lc Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control @ N ►Xnv�dLi�A� Dollars and 2 e v d Cents Per Lump Sum 3. 2,300,000 S.F. Type I Slurry Seal @ Dollars and I(�Ine_ Cents Per Square Foot $ $ Al $ gmi'wro( PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 4. Lump Sum Crack Sealin S1 XieE.v� �rJ� j @i , VuAl4redl Dollars and _fie ro Cents Per Lump Sum 5. Lump Sum Install Pavement Striping and Markings V%ALmk @Ore}k44rwh(1 gDollars and �y, 2e co Cents $ 47►f62 -w Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and 'ZeA) Cents �,4 -D% Date 1 Total Price (Figures) Bidder's Telephone and Fax Numbers Bidders Authorized Signature and Title 9 C -72 C- 12 �A•43 A2� 2- $1a466�ttj A . /-�, Bidder's License No(s). �— Bidder's Address �06? and Classification(s) Bidder's email address: Last saved by ATran0211212008 2:47 PM f.Wsers1PbvAshareditntrac%wy 07 -007 -08 drywide shiny seal o-39601propo al.doc 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2007- 2008 - CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -93 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 4 4 4 4 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7- 10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 203 BITUMINOUS MATERIALS 10 203 -5 EMULSION - AGGREGATE SLURRY 10 203 -5.2 Materials 10 SECTION 214 PAVEMENT MARKERS 10 214 -4 NONREFLECTIVE PAVEMENT MARKERS 10 214 -5 REFLECTIVE PAVEMENT MARKERS 10 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 SECTION 302 ROADWAY SURFACING 11 302 -4 EMULSION - AGGREGATE SLURRY 11 302 -4.3 Application 11 302 -4.3.1 General 11 302 -4.3.2 Spreading 11 302 -4.3.4 Application Testing 11 SECTION 310 PAINTING 12 310 -5 PAINTING VARIOUS SURFACES 12 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 12 310 -5.6.6 Preparation of Existing Surfaces 12 310 -5.6.7 Layout, Alignment and Spotting 12 310 -5.6.8 Application of Paint 12 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 13 312 -1 PLACEMENT , 13 f \users \phw \shared\contracts \fy 07- 08 \07 -08 citywide slurry seal c- 3960 \specs index c- 3960.doc SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS �' z 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3960 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5201 -L); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents, (2) clearing existing pavement surfaces of debris, soils, and other loose materials, (3) removing existing traffic striping, pavement markings, and raised pavement markers, (4) placing emulsion aggregate slung seal, (5) installing new traffic striping, pavement markings, and raised pavement markers, and other incidental items of work necessary to complete the work in place." 2 -9 SURVEYING 2 -9.3 Survey Service Existing street centerline ties and property comer monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work. SP2OF13 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. SP 3 OF 13 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the `Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. The construction schedule shall clearly show specific dates for each street, bike trail and parking lot to be slurry sealed. The Contractor shall provide updated construction schedules upon City's request." The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule. the Contractor shall be prohibited from starting- additional work until Contractor has exerted extra effort to meet the original the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." SP4OF13 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work.' 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondg is a holiday. If January 1S` July 4`n November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. SP5OF13 The intent of this section is to emphasize to the Contractor. the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION A. Each area shall be completed prior to mobilizing to the next area. B. Grant Howald Park parking lots shall be completed by June 13, 2008, to avoid impact to the summer day camp program at the adjacent Community Youth Center. C. Work in the Newport Heights area shall commence after June 20, 2008, to minimize impact to Newport Heights Elementary School, Newport Harbor High School, and Horace Ensign Intermediate School. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. SP 6 OF 13 The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: SP7OF13 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. SP8OF13 Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: SP9OF13 Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs, cover existing conflicting signs and all costs incurred notifying residents. It shall also include providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow signs, temporary striping, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, placing application test, providing slurry test report, placing Type I slurry seal, and all other work items as required to complete the work in place. Item No. 4 Crack Sealing: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to pavement clearing and cleaning, routing out the cracks, applying a soil sterility /weed killer solution, crack filling the existing asphalt roadway with a compacted F -AR -4000 asphalt concrete mix and all other work items as required to seal all cracks within the project limits greater than 1/4 ". Item No. 5 Install Pavement Striping and Markings: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for removal of existing striping, installing pavement striping, markings, and protecting raised pavement markers. Striping shall match existing conditions, and be sprayable thermoplastic. New raised pavement markers must be placed if the existing raised pavement markers are missing or damaged. 9-3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP 10 OF 13 PART 2 CONSTRUCTION MATERIALS SECTION 203 - -- BITUMINOUS MATERIALS 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified asphalt shall be of a quick -set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: IVA F11171 71 nI t, k1r,FM i 1i Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2% percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." SECTION 214 --- PAVEMENT MARKERS 214.4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." SP 11 OF 13 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: htt�: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." SECTION 302 - -- ROADWAY SURFACING SECTION 302-4 EMULSION- AGGREGATE SLURRY 302 -4.3 Application 302 -4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302 -4.3.2 Spreading. Replace the first sentence of the second paragraph with, "The application of slurry shall not commence until after 8:00 a.m., and the slurry shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and /or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final stripping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed - killer and cracks shall be sealed before any slurry shall be applied." 302.4.3.4 Application Testing. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. SP 12 OF 13 No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Prior to slurry seal application, the results from the Wet track abrasion test (WTAT) shall be provided to the engineer for review and approval." SECTION 310 --- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving or slurry seal has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks, limit lines and pavement markings, which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and/or raised pavement markers SP 13 OF 13 outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." F: \Users\PBW\Shared\Contracts\FY 07 -08\07 -08 Citywide Slurry Seal C3960\SPECS C3960.doc Last saved by Srooks02l25l200811:04 AM NEWPORT HEIGHTS ® LIMITS OF TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM APPROVED ,Gib rte- .2 ,2l. -05 SENIOR CI ENGINEER DATE R.C.E 63670 m TE 02/13/08 SCALE N.T.S SHT 2 OF 8 AWN SH /JJ I C -3960 R-5201 -L 4w N Abm.-,"q� Al 7�A iY 0 J-f CD �J'" 3 I ti ti. p h y i a � - s �s {'Of45f' h �iP• �Zf //, 3'. r � � i Y � . i t, f ti 4♦ r Ar i, •� t * ! 1. •�� ,, �j���f :-�� li �. .. .�� :.�1 '1. %r -. _ i.j•. �•' yr` � • � 1, J .� /i {p •�� . 1,� ` •' i1 �:'. r 51�d �` °j. r•�`} {ii�l5,\°.,.5h} 4 If /�`,• • y //[ S;1 �///,•" A � t 1°<� S1 ,,,rrd / //Y \��yh ..V/�j 1h. 1/. /'`/!I•Y i r f / ^ ^^ p'S %Q'�V"d�jpd�, �jy.\.1�V d <old A si. - - � B `y f^�i• r Y i✓rh t" by 4�,� �4'r // w•� �apy J ti��` d�wY °�i�S�rI_'•°i'�h? ^t4 j�YJ/ v- r C�'' wx Al t NT� e�a +: � \\ ' ^r��, ` �Y it ••� e I. �V, J • 1 � � fa \/r�} �f Y lti!�cf�`4'�i.'P�r�!�Y;y �'�J�ri ♦ �' IJ r � t r .d L S f y A 5 S% r• . J�.. d JJ`••J.1 �. _� `t � a til X. tie _-i 'rK iL xo in Pro .. • °- 'V.'F:Jry$J�``!{.•I\S Vin.` �f � " -.f� i _ � i 3 •, � /,,A�yf�r}.J,�Jd', Jfi � , :g � 'i�' CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT i_6 -ate? Agenda Item No. 10 April 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949- 644 -3315 or atran @city.newport- beach.ca.us SUBJECT: 2007 -2008 Citywide Slurry Seat Program - Award of Contract No. 3960 Recommendations: Approve the project plans and specifications. 2. Award Contract No. 3960 to Roy Allan Slurry Seal, Inc., for the Total Bid Price of $286,912, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $28,000 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on April 1, 2008, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $286,912.00 $307,500.00 $340,976.00 $383,300.00 $389,200.00 $392,950.00 $457,944.00 * Corrected Bid Amount is $341,076.00 The low total bid amount is 54 percent below the engineer's estimate of $618,000. The difference is primarily attributed to the low unit price of $0.09 per square foot of slung seal. The past several slurry seal contracts came in at approximately $0.16 per square foot, which was the unit price used in the engineer's estimate. In addition, we are experiencing a favorable bidding climate as we received seven bids for this contract as opposed to only three bids for the previous slurry seal contract. The low bidder, Roy Allan Slurry Seal, Inc., possesses a California State Contractors License Classification "C -12° as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. BIDDER Low Roy Allan Slurry Seal, Inc. 2 Penn Woods Corporation 3 Valley Slurry Seal Co. 4 American Asphalt South, Inc. 5 All American Asphalt 6 Pavement Coatings Co. 7 Doug Martin Contracting Co. TOTAL BID AMOUNT $286,912.00 $307,500.00 $340,976.00 $383,300.00 $389,200.00 $392,950.00 $457,944.00 * Corrected Bid Amount is $341,076.00 The low total bid amount is 54 percent below the engineer's estimate of $618,000. The difference is primarily attributed to the low unit price of $0.09 per square foot of slung seal. The past several slurry seal contracts came in at approximately $0.16 per square foot, which was the unit price used in the engineer's estimate. In addition, we are experiencing a favorable bidding climate as we received seven bids for this contract as opposed to only three bids for the previous slurry seal contract. The low bidder, Roy Allan Slurry Seal, Inc., possesses a California State Contractors License Classification "C -12° as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. • Citywide Slurry Seal Program — Award of Contract No. 3960 April 22, 2008 Page: 2 Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $20,850 in geotechnical and material testing services is projected for this project and performed under the on -call professional services agreement with Labelle Marvin. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Gas Tax — Newport Heights Gas Tax — Irvine Terrace General Fund —Avon St., Tustin Ave. Parking Lot General Fund — Arroyo Park Parking Lot General Fund — CDM Parking Lots and Bike Trails Proposed uses are as follows: Vendor Roy Allan Slurry Seal, Inc. Roy Allan Slurry Seal, Inc. Labelle Marvin Prepared by: Andy Tra Senior Civil Engineer Attachments: Project Location Map Account Number Amount 7181- C2002011 $ 48,762 7181- C2002010 $ 50,000 7013- C2002001 $ 69,000 7013- C2002000 $ 48,000 7013- C2002003 $ 120,000 Total: $ 335,762 Purpose Construction Contract $ Construction Contingency $ Materials Testing $ Total: $ Amount 286,912 28,000 20,850 Submitted b . e e . Badum ublic Works Director 335,762 %p F rrrr_.•1 ���: 4& Ja = LUIS OF TYPE 1 SLURRY SEAL ,rl'r��� �1�7 t�'. ew 4 Iy , 1 1��jt f'jY 4w .41 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM �EJ i1, •. •„ i it We No. 63070 Exp. 09 -30 -08 APPROVED SENIOR Wl ENONEER OAIE R.C.E 63670 DATE 02/13/081 SCALE N.L.S SHT 4 OF 8 DRAM SN /,u I C -3960 I R- 5201 -L /r �' � ra SG �;/ i' � ry � � � • 1 k i i ' t 71. .'y�. � rz ®.� � _+ `��e i �b'Ly. g4.hfik } -..' �• rt��'./� aaL�� ; 19, \/ {�� -- ` %:_- / � /� 'f� `f '"'t `�rs�{. ,.•ro{'r°r}fire i .�` �-K r� /� /i � +�4 l /!�Rt , /!�'L�+��.. ♦ ..' %')t �� t>^{�,{4,+4tv�/J}'rr�� �°��`egr�e _',.�` � /�' / ••� / / ^ /a ^Il�� / :f6 • �•FAf' �e Y•J'•• r! J {J f�%°L� pP,POP - >/�,w' r !.- 41'A•i�..�,P .y {+ J�a tLF i °r•J} }.k . �t 4Yg• Jr >ay$;,.}J,,*e F .�d '° J /� / �� /, ' AI^ /+ �•!�7F 2��re^ n{ rray{ a a{�°Ji eer}.~•• e WIN frr ti'b.v:SO q VV" / //rT . /� Gy "[�AC�' e(r�� /P•� }GM1° eUird� rr'(ra�L•, �,�`*��,. p / - \ \l,t Phi I�Jf /a /•8�e • JNC %/ .,�RO ie �ro ae tel. tt r.�K-•'r_. Js 0 C' Agi IY / V Y �rTt, •�1 `e XX I f. � I it IL 1`_ t2�'- I r 9Y��?i r i ,. /° v (•,. -- � � rRr��. ^ - r - >�•� WX MAI. r F rr ■ ,L� I }J•;q,} NS 7 ,• - n ! �-�) � ,y�•,�5/.C''° YIDS e �}y��d`�y5r}$' < r { � %- - fir'. _ -� '8 +�•� /•f'rtG a�dyt'y4��}�vr Lb`� N J, -`\ _ .. r Q0.- 9`]✓�.Z rw S� i P \ I:� \ .. ` r X o `C •; Vie. �; ,�Y � . � � 4p'` + �'v' �t - - •' Ail s ti •- fi G•�lb�w0. °p� � 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellani 1. Brown. MMC November 12, 2009 Roy Allen Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 Subject: 2007 -2008 Citywide Slurry Seal Program (C -3960) To Whom It May Concern: On November 12, 2008, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on December 23, 2008. The Surety for the contract is Western Surety Company, and the bond number is 58651102. Enclosed is the Faithful Performance Bond. Sincerely, Lr Leilani I. Brown, MMC 'S0{ City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us r pN� December 23, 2008 Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Wlani I. Brown, MMC Subject: 2007 -2008 Citywide Slurry seal Program (C -3960) To Whom It May Concern: On November 12, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 18, 2008, Reference No. 2008000537717. The Surety for the contract is Western Surety Company and the bond number is 58651102. Enclosed is the Labor & Materials Payment Bond. Sincerely, �.1 ) Leilani I. Brown, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport - beach.ca.us 0- 0 Preoiu , iaeludad in Porl!Q m ce Bond Pra A= Executed in Four )9) Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT QZ 2 CITYWIDE SLURRY SEAL PROGRAM CONTRACT NO. 3980 BOND NO. 58651102 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Roy Allan Slurry Seal, Inc., hereinafter designated as the 'Principal,* a contract for construction of 07 -08 CITYWIDE SLURRY SEAL PROGRAM, Contract No. 3980 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3960 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, arid, western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as ' Surey) are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty-Six Thousand, Nine Hundred Twelve and 001100 Dollars ($286,912.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finny by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case sult is brought to enforce the obligaWns of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0- 1 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file Claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. . in the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bono. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th day of April 1 2008, Roy Allan Slurry Seal, Inc. (Principal) Western Surety Company Name of Surety 2355 E. Camelback Rd., #500 Phoenix, AZ 85016 Address of Surety (602) 212 -3234 Telephone Authorized Agent Signature Lourdes Landa, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 r .T CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 27, 2008 before me, M Locey, Notary Public, personally appeared Lawrence Allan, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. IOCEY cpm�Wbn f 1611664 WITNESS my hand and official seal. NO1°"'FUW- cO4faen10 _ OFWW c«uw My cMM. EWUM Oct 7, — ,k-M 4e�� (SEAL) Notary Public in and for said S - OPTIONAL INFORMATION Title or Type of Document: 2007 -2008 Citywide Slurry Seal Program Contract No. 3974 0 ACKNOWLEDGMENT State of California County of Orange ) On before me, Ann -Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) isAwe subscribed to the within instrument and acknowledged to me that he/shekt►ey executed the same in his4ierllhair authorized capacity(ies), and that by hisFhe0heir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal A, NN. MAR FE AUAN n �, �' i COLUAA 1755275 *UAW CWM Signature i �Y t( >; tk. lV��l�Cyi (Seal) l"^-- ......mycc•..� -JKV .'01- 0 0 ACKNOWLEDGMENT State of California County of Orange ) On April 28, 2008 before me. Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Lourdes Landa who proved to me on the basis of satisfactory evidence to be the persou("hose nama(ws /ar6 subscribed to the within instrument and acknowledged to me thatbe/Sfie /t4eyrxecuted the same in fOWKer /tl)eif'­authorized capacityDealand that by his/her/tbetrsignature(e)'on the instrument the person_(s ,-or the entity upon behalf of which the persoo(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSAN PONSELL COMM. 91734814 • NOTARY PUBLIC - CALWORNUII ORANOI COUNTY Signature (Seal) C". �� :tt Abstern Surety Cor*any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Met By That Presttats, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal once in the City of Sioux Falls, and State of South Dakota, and that it does by virtu: of the signature and seal herein affixed hereby make, constitute and appoint J W Johnson, Lourdes Landa, Individually of Fullerton, CA, its true and lawful Attomey(s)-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authonzed officer of the corporation and all the acts of said Attorney. pursuant to the audrority hereby given, arc hereby ratified and confirmed. This Power of Attomcy is made and executed pursuant to and by authority of the By -law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Whom Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice Resident and its corporate seal to be hereto affixed on this 4th day of April, 2007. WESTERN SURETY COMPANY Paul . Bruflat. Senior Vice President State of South Dakota 1 f ss County of Mi nrtchaha On this 41h day of April, 2007, before me personally came Paul T. Bmflat, to me known, who, being by me duly swum, did depose and say: that he resides in the City of Sioux Falls, State of south Dakota; that he is the Senior Vice Resident of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said cprporatim that Use seal affixed to the said instrument is such corporate seal; that it was so affixed Pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 4 r D. KRELL November J0, 2012 MUTANT PUBLIC � SOI/iN QAKORA�a i D. Krell, Nolliry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heminabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hetr�ro�oof OR aUppll in Tour foTf.� IQn testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation the day of OR F 8 LYIJD WESTERN SURETY COMPANY prey L Nelson, Assistant Secretary Form F429049-06 This Document electronically recorded by 0 Wort Mail C RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder NO FEE 2008000537717 09:03am 11118108 213 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Roy Allan Slurry Seal, Inc., of Santa Fe Springs, Caliifomia, as Contractor, entered into a Contract on April 22, 2008. Said Contract set forth certain improvements, as follows: 2007 -2008 Citywide Slurry Seal (C -39601 Work on said Contract was completed, and was found to be acceptable on November 12. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. WWorks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on e;?o at Newport Beach, California. BY City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC November 13, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: 2007 -2008 Citywide Slurry Seal (C -3960) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encl. 3300J4rwnorLf"Arxard- PnstMre.Einx_��£+8_ N�wDOt��ch..iallfnttUa_ -92558 -8915 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Roy Allan Slurry Seal, Inc., of Santa Fe Springs, California, as Contractor, entered into a Contract on April 22, 2008. Said Contract set forth certain improvements, as follows: 2007 -2008 Citywide Slurry Seal (C -3960) Work on said Contract was completed, and was found to be acceptable on November 12. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. (Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on M o;?00f� , at Newport Beach, California. sF-- �, CITY OF NEWPORT BEACH CUYOFNEWPM CITY COUNCIL STAFF REPORT NOV 12 2098 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 -644 -3315 or atran @city.newport- beach.ca.us SUBJECT: 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3960 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Approve a budget amendment recognizing contributions in the amount of $660 from Our Lady of Mount Carmel Church for improvements to its parking lot. Discussion: On April 22, 2008, the City Council authorized the award of the 2007 -2008 Citywide Slurry Seal Program to Roy Allan Slurry Seal, Inc. The contract provided for the slurry sealing of various streets in the Newport Heights and Irvine Terrace community, two bike trails by Newport Dunes and along Coast Highway, and various parking lots. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $286,912.00 Actual amount of bid items constructed: $267,832.85 Total amount of change orders: $8,638.25 Final contract cost: $276,471.10 The decrease in the actual amount of bid items constructed over the original bid amount resulted from a decrease in the actual slurry sealed area. The final overall construction cost including one change order was 3.6 percent below the original bid amount. The one change order was for additional striping in the Newport Heights community and seal coating city easement within Our Lady of Mount Carmel Church parking lot which was partially paid for by Our Lady of Mount Carmel Church. The total contribution was $1660, however, $1000 was received last fiscal year. Therefore, the budget amendment only recognizes $660 received this current fiscal year. Wof Newport BeaC19 NO. BA- 09BA -022 BUDGET AMENDMENT 2008 -09 AMOUNT: $sso.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates to recognize contributions from Our Lady of Mount Carmel Church for improvements to to the Church parking lot made in conjunction with the City's annual slurry seal program. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account 5100 5864 EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Public Works - Private Refunds/Rebates Description Amount Debit Credit $660.00 $660.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entry. Financial Approval: Administrative Services Director Date Signed: sw ✓,, 111d 316 Administrative Appr al: City Manager Date Signed: City Council Approval: City Clerk Date